## Stage II Vapor Recovery 310 CMR 7.24 Promulgation Date: March 1, 2009
Background Document Notice of Public Hearing Hearing officer's certification Response to Comments Final regulations as published by the Secretary of State. Redline/strikethrough version showing revisions to the regulation as previously approved for inclusion in the SIP.

### COMMO NWEALTH OF MASSA CHUSETTS EXE CUTIVE OFFI CE OF ENERGY & 

### ENVIRONMENTAL AFF AIRS D EPARTMENT OF ENVIRONMENTAL PROTECTION

DEVAL L. P A T RICK Go v e rn or O NE WI NTER STR EET, BOSTON , M A 0210 8 617 ·2 92 · 5 5 0 0

IAN A
. BOW LES Secre t ary TIMOT HY P
. MURRAY Li e u te nan t Gove rn or ARL EEN O'DONNELL Commiss ioner


# BUREAU OF WASTE PREVENTION BUSINESS COMPLIANCE DIVISION
BACKGROUND DOCUMENT FOR PROPOSED REVISIONS TO 310 CMR 7.24(6) DISPENSING OF MOTOR VEHICLE FUEL (THE STAGE II VAPOR RECOVERY PROGRAM) July 2007

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### 1.0 BACKGROUND MassDEP adopted the Stage II vapor recovery program (31 0 CMR 7.24 (6) Dispensing of Motor Vehicle Fue l) in November 1 989. The program is one response to Massachusetts ' ambient air qu a lity , which does not meet the Federal Clean Air Act 's e ight-hour ozone National Ambient Air Qua lity Standard (NAAQS). USEPA approved the Stage II program for inclusion in the Massachusetts ozone State Implementation Plan (S IP ). The program helps attain and maintain compliance with the ozone NAAQS (Fede ral Regi ster, Vol. 58 , pg. 48315. 9115/93) and is federally enforceable. In 2000 , the Dep artment amended the Stage II regulations to require weekly v i sual inspection of Stage II systems, aruma! compliance testing and facility compliance certification, as well as measures designed to streamline program implementatio n and compliance. Since 2000, as the Department and Stage II regulated community star ted to implement and comply with the requirements of the revised Stage II program , certain section s of the regulati ons have been found to be unclear or at odds with efficient and effective facility compliance. The propo sed Stage II amendments contained in this rulemaking seek to address those iss ues as well as a number of housekeeping measures updating applicable program requirements

. 

### 2.0 INTRODUCTION The Stage II program prevents uncontrolled evaporative emissions of vo latile organic compounds (VOCs) to the atmosphere during the dispensing of gasoline to motor vehicles and is applicable to 3200+/- motor veh icle fuel dispensing facilities statewide. The S tage II program is the Commonwealth's second largest source of VO C r eductions, after the Enhanced Vehicle Inspection and Maintenance program , for motor vehicles. In additi on to VOC reducti on s, the Stage II pro gram also dramatically reduces public exposure to human carcinogens such as benzene , l ,3 butadiene and fonnaldehyde that are fou nd in the evaporative e missions from gasoline. 

### 3.0 PROPOSED REVISIONS (Attachment I) 3.1 New Stage II System Requirements 1. The Department proposes to require that Pressure Vacuum Vent (PV) Caps be installed on Balance sys tems (see proposed 310 CMR 7.24(6)(a) 7.) in orde r to optimize the vapor control efficiency of Balance systems and ensure a level playing field between all Balance system owner /operators. 

### 3.2 Revised Program Implementation Language I. The Department proposes new definition s for the terms 

### minor modification, routine maintenance, and 

### substantial modification, thereby clarifying what Stage II system changes and repairs fall within each of these tenns (3 1 0 CMR 7.00 Definitions)
. Associated with the proposed new de finitions are appl icable compliance test ing and recordke eping requirements for routine maintenance and min or modifi cations (31 0 CMR 7.24(6)(c) 1. ). T his background do cument also contains a guidance table identifying Stage II system Minor Modification s and applicable compliance tests. As guidance, thi s table is not part of the proposed rul emaking, but the Department welco mes comments on this guidance

. (Attachment II)
.2. There has b een confusion within the Stage II regulated community concerning 

### what actions facility owner/opera tors are required to take in response to incorrectly installed, non-functioning or broken equipment. The Department is proposing new language (31 0 CMR 7 .24(6)(b) l.d

. - f. and 310 CMR 7.24(6)(c) 6.- 8.) to c larify program requirements and ensure timely repair of Stage II sys t e ms. 3.3 Revised Stage II Certification/Notification Requirements 1. Department review of Stage II compliance testing and certification results determined that the Stage II compliance benefit attributed to the 120-Day In- Use Compliance Testing and Certification requirement for Vacuum Assist systems is satisfied by the weekly Stage II sys tem visual inspections and annual compliance testing. As a result, the Department proposes to eliminate the 1 20-Day In-U se Compliance te sting and Certification requirement, saving subject facilities $500-700 in compliance testin g and certification cos ts. 2. Under the current Stage II re gulat ion, a facility whe re a new or su bstantially modified Stage II system is installed cannot commence operation until a fu lly completed Installation/Substantial Modification Certifica tion (Form A) has been submi tted to D EP. As a result, a fully operational Stage II facility i s prevented from opening for business until the Form A has been completed and submitted to DEP. The proposed revision allows a facility to commence operat ion immediately upon passin g applicable tests and requires a fully completed Form A to be submitted to the Departm ent within 7 days ofpassing the applicable tests (310 CMR 7.24(6)(c) 2.). 3. Under the current Stage II regulation, only one Responsible Official is allowed to sign Stage II documents regardless of whether a facility is owned by one person or company and operated by another. The proposed revision allows two Responsible Officials to sig n compliance certifications in instances where a Stage II facility is owned by one person or company and operated by another (3 10 CMR 7.24(6)(f) 2.). 4
. Under the current Stage II re gu latio n, submitta l of a Change of Owner/Operator Notification (Form E) is the responsibility of new faci lity owner/operators (3 1 0 CMR 7.24(6)(e) 1.). In practice, ne w f acility owner /operators are often unaware of the notifi cation requirement, and as a result, fail to subm it the required Fo rm E. In such circumstances, changes in facility owner/operators typically come to the Department 's attention only after the Departm ent has issued enforcement against fonner owners for failing to submit a required Annual Certification.

2The propo sed revi sion seeks to avoid such UIUlecessary enforcement by requiring current facility owner/operators (sellers) to no tify the Departme nt by Jetter with in 30 days of the effective date of the owner/operator change (310 CMR 7.24(6)(e) 2.). 5. Under the current Stage II regul a tion, there is no provi sion for " temporarily " taking a Stage II facility out of use. An example of such an instance is a facility that is temporarily closed between leases. In suc h an instance, annual compliance testing may not be able to be performed and it is inappropriate to remove the fuel dispensers or the fuel storage tanks. The proposed revision will address this issue by allowing a Stage II facility to be "temporarily" taken out of use, upon submittal of a Facility C losure Notification (Form F) and a fully completed FP 290 Form, signed by the local Fire Prevention Officer (31 0 CMR 7.24(6)(e) 2.). 3.4 Revised Stage II Recordkeep in g Requirements 1. Under the current Stage II regulation, fac ilitie s are required to maintain three sets of compliance logs tracking: weekly Stage II system inspections and maintenance; compliance testing; and, training of persons performing required weekly in spections. To si mplify on-site recordkeeping, the Department is proposing to eliminate the need to maintain the weekly inspection and maintenance log and the compl iance te sting log (an inspector training log will continue to be required). In their place , the Department is proposing to require the following on-site recordkeeping for the pr ior rolling twelvemonth period: all weekly visual inspection forms; compliance testing company te st results; and t he facility's cur rent Annual In-use Compliance Certification (31 0 CMR 7.24(6)(b) 3.). In addition , the Department is proposing to allow the use of electronic record keeping provided a hard copy of all records can be immediately printed on- site (310 CMR 7.24(6)(b) 3.). 2. To help ensure the repair of incorrectly ins tall ed, non-functioning or bro ken Stage II sys tem components, the Depa11ment is proposing to revise weekly inspection reporting requirements to include actions taken to repair such components identified as a result of a week ly visua l inspec t ion (3 10 CMR 7 .24(6)(b) 3 .a. iii). 

### 3.5 Regulatory Streamlining/Housekeeping/Updates 

### 1. Under the current Stage II regulation, all compliance testing requirements are referenced in each applicable certification and testing section. As a result, the current Stage II re g ulations are longer than nec ess ary and repetitive. To simp li fy the regulations, the Department is proposing to consolidate all testing references into a single new section (3 1 0 CMR 7.24(6)(d)) and then cite the specific testing ref erences in the applicable Compliance Testing and Certification sections (3 1 0 CMR 7.24(6)(c) 2.b., 3.b. iii. and 4. a. ii.). No c hange s to applicable compliance testing requirements will occur as a result of these proposed changes.

32. Propose exemption for Motor Vehicle Salvage Yards (31 0 CMR 7.24(6)(a) 6.b.). Under the current Stage II regulation , any person di spen s ing motor vehicle fuel is subject to the program's requirements unless otherwise determined to be exempt. The Department, in the course of performing its compliance assurance activities, learned that motor veh icle salvage y ards often di spe n se recovered motor vehicle fue l , collected as par1 of the ir regular operations , to on-site and employee vehicles. Upo n review, the Department is proposing to exe mpt Motor Vehicle Salvage Yard op erat ion s from the requirements of 310 CMR 7.24(6) if the Yard collects the motor vehicle fuel as part of its regular operations. In addition , the recovered fuel must be stored in a stationary motor v ehic le fue l st orage tank of 1000 gallons capacity or less that is properly equipped with su bmerged fi ll p ipes and a 

### PN vent cap . By proposing this exemption, the D ep artment believes the recovered motor vehicl e fu el will be properly managed an d reu sed, with adequate protect ion of pu b lic health and the environment. 3. The Department proposes to substitute "as req uired by " for "i n accordance with " throughout the regulation to more clearly indicate " requirements". 4. Under the current Stage li regulation , there is no language referencing the installation of CARB approved abo veground storage tanks. The Department is proposin g a new section to the Stage II regulation to allow the in sta llati o n of CARB Approved Aboveground Storage T anks (31 0 CMR 7.24(6)0)). 5. Under the current S t age II regu lation, there is no lan guage referencing CARB S tage II Approval Letters. These leners are clarifications and guidance documents applicable to previously approved CARB Stage II Sys t e m Executive Orders. The D epa rtm ent i s propos ing to expressl y referenc e CARB S tage II Approva l Letters in Sec ti on 3 10 C M R 7.24(6)(a). 

### 6. Periodically, CARB adopts revi sed Execu tive Orders for previously a pproved Stage 

### II Systems. The Depart ment is proposing to updat e the curren t li st of CA RB approved S tage 

### II systems to incorporate recently revi se d CARB Exec utive O rders (31 0 CMR 7.24(6)(i))

. 

### 3.6 New Testing Com p any 

### Req u irements l. In the course of discussions with Stage II compliance testing companies, it came to the Department 's attention that there are in stanc es where a Stage II sys tem will fail one o r more compliance certification test(s) at a facility and th e co mpliance testing company wi ll not be called back to re-test the faci lity. This could be an indicator that the facility owne r /ope rato r may be seeking to avoid necessary system repairs. In res ponse to thi s concern, the Department is proposing to require that compliance testing companies notify the Department of the name, address and Stage II facility acco unt nurn ber of any facility where: 

### (a) the compliance t esting company performed in

-use compliance tests and the Stage II system f a iled one or more of said tests; and

4(b) the test ing company did not return to retest the Stage II syste m within 30 days of the system's first passing test result or b e fore the facility ' s annual in-Use Compli ance Certification s u bm ittal due date, which ever come s first. (310 C MR 7.24 (6)(g) 5.). 2
. The Depat1ment is propo sin g to revise com p li ance testing company certification requirements

.to include the actions taken by the testing company in response to incorrectly installed, no n- functi oning or broken Stage II components identi'fied as a result of a fai led compliance test (31 0 CMR 7.24(6)(g) 8.c. and d.). 3. T he Department i s prop os ing to re vise compliance testing company requirements to all o w multiple persons to be identifi ed as a Compli an ce T esting Company Respon sib le Of'ficial for purposes of signing Compliance Testing Comp any Certifications (31 0 CMR 7.24(6)(g) l.a. xi.). 4. In order to cla rif y currently app licable compli ance tests, the Department is proposing to re vise test procedure r eferen ces for the following test procedures: (a) 10

- Inch Pressure Dec ay Te st (310 CMR 7.24(6)(g) 6.a.) (b) Vap or Tie Test (310 CMR 7.24(6)(g) 6.b.) (c) 

### P N Vent Cap Te s t (310 CM R 7.24(6)(g) 6.c
.) (d) Healy Systems (310 CMR 7.24(6)(g) 6.f.) 

### 3.7 R ev ised Stage II Certification and Notification Forms In Attachment III , th e Department has revised all the Stage II Certifications (Forms A , C , D 1 and D2) and No tifications (Form E and F). These new forms are not pro gram requi rements subject to a public hearing , but are referenced here as important elements o f the Department's effort to improve program compli ance by more clo s ely tracking Stage II system maintenance a nd recordkeeping re quiremen ts . To ensure their effec tiveness , the Department welcomes public comme nt o n the clarity and format of th ese forms

. 

### 4.0 EMISSIONS AND AIR QUALITY IMPACTS The proposed revisions to the Stage II regulations are primarily administrative in nature . They clar ify certain p rogram imp lementation requ irements and further stream line implementation and compliance

. No additional air quali ty benefits are attributed to this p roposed ru lemaking. 

### 5.0 ECONOMIC IMPACTS The majority of the proposed revisions to the Stage II regulations contained in th e amendment p ackage are administrat ive in nature. There are, how ever, three proposed revis ions that wi ll af

fect facility compli ance costs. 

### 5.1 Proposed new definitions for Minor Modification, Routine Ma intenance, and Substantial Modification and associated compliance testing, reco rd keeping, and certification submittal requirements. Under the current regulations, the definition of Substantial Modification mean s " the installation, repair, rep lacement or reconditioning of a motor vehicle fuel distribution system or the repair or replacement of a Stage II vapor collection and control sys tem or part there o f ,

5excluding routine maintenance

... " A s imple reading of this definition is broad enough to encompass virtually any maintenance or repair work done o n a Stage II system and thereby tri ggering applicable compliance testing and certification requirements. In additio n , under th e current regulations, there i s no definition for "routine maintenance". Thi s rulemaking proposes new definitions for "minor modification", " routine maintenance" and "substan tial modification" in order to clarify that compl iance testing necessary to ensure system repairs and maintenance are correctly performed. 

### In addition , this rulemaking proposes revised certification, compliance testing and record keeping requirements that are appropriate for each of these situations. The Department believes the proposed definitions and related requirements clarify applicable compliance testing r equ ire ments for Stage II repairs , thereby reducing unnecessary compliance testing and associated costs while improving overa ll program compliance. 

### 5.2 Proposed E li mination ofVacuum Assist 120

- Day In-Use Compliance Certification Department review of Stage II compliance testing and certification results determined that the facility compliance benefit attributed to the 120-Day In -Use Compliance Testing and Certification requirement is satisfied by the weekly Stage II system visual inspection s and annual compliance testing. As a result, th e Department proposes t o e liminate the Vacuum Assist 120-Day In-Use Comp li ance t esting and Certificati on require ment. By doing so, subjec t facilities will avo id a $500-700 compliance testing and certifica tion expense. The proposed new definitions and related requirements will achieve two important goals:
• R educed compliance testing costs for the Stage II regu lated community; and
• Improved facility comp li ance and program effectiveness as a result of targeting compliance testing only to that necessa ry to e nsure correct component repair and operation. 

### 5.3 Proposed I nstallation of Pressure Vacuum Vent (PV) Caps on Balance systems. In 2005 , the D epartment surveyed Stage II compliance testing companies on two issues: the percentage of Balance systems equipped with PV caps and the cost to perform annual PV cap compliance testing. From that survey, The D e partment determined approximately 70+% of the nearly 1300 Balance systems installed in Massachusetts are already equipped with PV caps. To optimi ze the vapor contro l efficiency of Balance systems and ensure a level playing field b etween all Balance system owner/operators, the Department proposes that a ll Balance sys tems be equ ipped with PV Vent caps. The cost to in s tall a PV cap, including labor, is approximately $85 per cap. Of the testing compan ies su rveyed, the cost of annual compliance testing of PV caps ranged from no 

### additiona l cost to a high of $125. The average cost of the testing companies surveyed is approximately $50.

6The typical Balance equipped Stage II facility in Massachusetts has three fuel s torage tanks and dispenses approximately 500,000 gallon s a nnually. Over five years, the cost to such a facility for complying with the proposed requirement to install PV caps is approximately $100 annually, or $0 .0002/pe r gallon. 6.0 OTHER PROGRAM IMPACTS 6 . 1 Massachusetts Environmenta l Policy Act (MEPA) Pursuant to 301 CMR 11.00 (Massachusetts Environmental Policy Act Regulations) , this proposal does not require DEP to file an Environmental Notification Form (ENF). The regulations, as proposed, will not lessen the stringency of existi ng regulations , the purpose of which is to protect public health and the environment. 6.2 Impacts on Cities and Towns Motor vehicle fuel dispensing facilities owned by municipalities are sub ject to the proposed amendments to 310 CMR 7.24(6). There are no new requirements contained in this proposed rulemaking unique to municipalities. 6.3 Agricultural Impacts Pursuant to the intent of Massachusetts General Law , Chapter 30A, Section 18, state agencies s hould eva luate the impact of proposed programs on agriculture within the Commonwealth. The Stage II program regulations currently exempt stationary motor vehicle fuel s t orage tanks of 550 gallons capacity or less and are used exclusive ly for the fueling of implements of husbandry (e.g., farmi ng)
. No change to this exemption is proposed. 6.4 Source Reduction The Department pr oposes to facilitate recovery of unused fuel instead of disposal. The proposal will exempt Motor Vehicle Salvage Yard opera tion s from the requirements of 310 CMR 7.24(6) if the facility collects the motor vehicle fuel as par t of its regular operations. The recovered fuel must be stored in a stationary motor vehic le fuel storage tank of 1000 gallons capacity or less th at is properly equipped with submerged fi ll pipes and a PlY vent cap. By proposing this exemption, th e Departm ent believes the storage of such motor vehicle fuel will be properly managed and reused, thereby protecting public health and the environment, and reducing unnecessary fuel disposal. 

### 6
. 5 Public Participation As required by state law, the Department g ives notice and provides the opportunity to review background and technica l information at least 21 days prior t o proposing the regulation amendments at a public hearing. To sati sfy the requirements of 40 CFR 51.102, DEP will provide at least 30 days for publ ic comment. DEP will hold publ ic hearings in Boston, Massachusetts and in Springfield , Massachusetts.

7

### Attachment I Proposed Amendments

8310 CMR 7.00 Defi njti ons Isolate shall mean, for the purposes of 310 CMR 7 24(6), to take ou t of service of one or more components of a Stage U system so that th e remainder o f the Stage II system operates as required by the tenns and conditio ns ofthe system's currently applicable Executive Order Minor Modification shall mean, for the purposes of 3 1 0 CMR 7 24(6), the re-installation, repair or replacement of one or more S tage II System components that is not subs tantial, including, but not limited to· les s than 50% of the motor vehicle fuel dispensers (e g, 1 of 4 dispensers); a central vacuum unit of a Healy 400 ORVR nozzle system or Healy 600 nozzle system; hall float extractor valve housin gs; dispenser mounted vapor pumps; or "screw

- on" spi11 or dry break buckets If the re-installation, repair 

### or replacement of Stage II System components occms at a motor vehicle fi1el dispensing facility with two or le ss dispensers, the re-installation, repair or rep la cement of on ly one of the motor vehicle fi1e l dispensers shall he a Minor Modification Routine M ainten ance shall mean, for the purposes of 31 0 C MR 7 24(6), the regular reinstallation, repair or replacement of one or more Stage II System components including, hut not lim ited to· hoses; nozzles; breakaways; swivels; hose r etractors; bucket plow rings; "slip-on" spill or dry break buckets ; "0" rings and seals; snht,nersihle pum ps or suction pipes; fill adaptors; fill tJJb es; vapor adaptors; fill and vapor caps; drain va lves; monitor caps; or riser caps Subs t antial Modification, as used in 310 CMR 7.24(6), means the installation, repait, replacement 01 reconditioning of a motor vehicle fuel distribution system 01 the repait 01 teplacement of a Stage H vapor collection and control system or prut thereof, excluding 10atine maintenance in acc01dance with the terms and conditions of the Stage II system's ccm. ently applicable Executive**Ordet.~** mean, for the purposes of 31 0 CMR 7 24(6), the re - installation, repair or replacement of one or more Stage II System components including, but not lim ited to · 50% or more of the motor vehicle file! dispensers (e g , 2 of 4 dispensers); the replacement of one type of Stage II system with another type (e g , rep la cement of a balance system with a vacuum assist system , or a Healy 400 ORVR nozzle system or Hea ly 60 0 nozzle system with a Healy VP-1 000 system); or the reinstallation, repair or replacement of Stage II System components requiring excavation below a shear valve or tank pad (e g , vapor ret urn piping_ vent piping, vapor space tie bar, two-point or coaxia l Stage I systems; or motor vehicle fuel storage tanks) If the re-installation, repair or replacement of one or more Stage II System components occms at a motor vehicle fi1el dispensing faci!ity with two or fewer dispensers, the re-installation, repair or rep lacement of all motor vehicle file ! dispensers shal1 he a Substantial Modification

3 1 0 CMR 7
.24(6) lJ D I SPE NSING OF MOTOR VEHIC I ,E F U EL. 

### (a) Applicability and Ins tallation Requirements 1. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing facility construct ed or substantially modified after November 

### I, 1989 shall install, prior to commencing operation, a Stage II system in accoxdance witlws required by the terms and conditions of the system's currently app licable Executive Order and any Approva l Letters issued by CARR on or before (T HE EFFECTIVE DATE OF THESE AMENDMENTS) pursuant th ereto.

### 2. Any person who owns, leases , operates or controls a motor vehicle fuel dispensing facility constructed before November 1, 1989, that has not been substantially modified since November 1, 1989 shall install a Stage II system in accotdance 

### witlras required by 

### the terms and conditions of the system's currently applicable Executive Order, in accordance 

### withan.d as required by 

### the following schedule:

a. by April 1, 1991 where the annual (calendar year) throughput ofthe motor vehicle fuel dispensing facility is greater than or equal to 1,000,000 gallons of motor vehicle fuel; or b. by April 1, 1992 where the annual (calendar

.year) throughput of the motor vehicle fuel dispensing facility is less than 1,000,000 gallons but greater than or equal to 500,000 gallons ofmotor vehicle fuel; or
c. by April 1, 1993 where the annual (calendar year) throughput of the motor vehicle fuel dispensing facility is less than 500,000 gallons per year but is greater than or equal to 20,000 gallons in any one calendar month; or d. by April 1, 1994, or 90 days after disp ensing 10,000 gallons or more in any calendar month, whichever is later, for all other motor vehicle fuel dispensing facilities. 3. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing facility constructed before November 1, 1989, which has not been substantially modified since November 1, 1989 and which has not dispensed greater than 10,000 gallons of motor vehicle fuel in any one calendar month since January 1, 1988 shall maintain, on sit e at the facility, monthly records of the total number of gallons of motor vehicle fuel dispensed at said facility for the most recent rolling five year period. 4. Any person who owns, leases , operates or controls a tank truck engaged in the direct dispensing of motor vehicle fuel to a motor vehicle or portable container shall install, by September 1, 1995 or prior to commencing operation, whichever is later, a Stage II system that meets the terms and conditions of the system's currently applicable Executive Order. Tank trucks dispensing motor vehicle fuel to emergency motor vehicles or portable containers during fire fighting activities or a declared emergency situation are exempt from the requirements of310 CMR 7.24(6). 5. Any person subject to 310 CMR 7 .24(6) shall conspicuously post Stage II system operating instructions on both sides of all motor vehicle fuel dispensers or at a position adjacent to the dispensers 

### wh:icb1ha1 is clearly visible to the system operator during the refueling process. Such instructions shall include:


### a a clear pictorial or written description of how to correctly dispense motor vehicle fuel using the installed Stage II system; b. a warning not to continue dispensing motor vehicle fuel ("topping-off') after automatic system shutoffhas engaged; and

c. the telephone number ofthe Department's Stage II Consumer Hotline. 2

### 6. Stationaty motm "eiricle fuel stmage tanks of less than 550 gallons capacity nsed exclnsively for the fueling of implements of hasbanchy, p10vided the fuel storage tanks are eqaipped vvith sabmerged fill pipes, are exempt 

### f10m the reqaitements of310 C:MR 7.24(6). 6 Stationary motor vehicle fi1el storage tanks used for following purposes only shall be exempt from the re quirements of 31 0 CMR 7 24(6) a A stationary motor vehicle fi1el storage tank of 550 gallons or less capacity, used for the purpose of fi1e ling implements of husbandry, provid ed the fuel storage tank is equipped with submerged fill pipes b A stationary motor vehicle fuel storage tank of 1000 gallons or less capacity, used for the purpose ofonsite fi1eling of motor vehicles with motor vehicle fuel that is the by

-product of motor vehicle salvage yard operations , provided the fi1el storage tank is equipped with·

a submerged fill pipe; and ii a press1 1re vacuum 'vent valve Any person who owns, leases, operates or controls a stationary mot or vehicle fh el storage tank currently installed at a motor vehicle salvage yard and not in compliance with the requirement s of this subsection shall take such action as necessary to comply with the requirements ofthis subsection on or before (180 days ofthe effective date ofthese amendments) 7 On or after 

### (THE EFFECT IVE DATE O F THESE AMENDMENTS), any person who owns, leases, operates or controls a newly installed motor vehicle fi1el dispen sing facility where a Stage IT system is installed in compliance with 310 CMR 7 24(6)(a) 1 shall install a pressnrelvacunm (PN) vent cap on each underground motor vehicle fi1el storage tank vent located at said facility, prior to commencing operation Any person who owns, leases, operates or controls an existing motor vehicle fuel dispensing facility where a vapor balance Stage II system is installed as of (THE EFFECTIVE DATE OF THESE AMENDMENTS) shall install a 

### PN vent cap on each underground motor vehicle fi1el storage tank vent on or before said facility's firs t Annual In-lise Compliance Certification submittal due date after (THE EFFECTIVE DATE OF THESE AMENDMENTS ± 30 days) Each 

### PN vent cap shall maintain 3 0 ± /

- 0 5 inches of water pressme, and 

### 8 0 ± /-2 0 inches ofvacuum (b) 

### Operation and Maintenance Requirements 1. Any person subject to 310 CMR 7.24(6) shall comply with the following operation and maintenance requirements.

a. Operat e and maintain the installed Stage IT system in accordance withas required by the terms and conditions of the system's currently applicable Executive Order.

3b. Take such actions as necessary to comply with the applicable terms and conditions of any new or modified Executive Order upon Department revision of 3 10 CMR 7.24(6) to incorporate such new or modified Executive Order. Such actions shall be taken either:

1. during applicable tontine maintenanceRoutine Maintenance, Minor Modification or Substantial Modification ofthe Stage IT System;..or

n. upon sabstantiai modification oftire Stage H system, 01

m. within four years, whichever occurs first.

c. Pei fonn Once every seven (7) days perform a weekly visual inspection of the Stage II system components to determine if such components are installed, functioning and unbroken in accordance**witi~as** required by the terms and conditions of the system's currently applicable Executive Order. Each visual inspection shall include, but not be limited to, inspection of: nozzle boots and splash/vapor guards; hoses; hose retractors, coaxial adaptors, dry breaks, fill caps and gaskets, vapor recovery caps and gaskets, spill containment boxes and drain valves. d. Upon determining that a Stage H system component is incorrectly instailed, nonfanctioning or bwken, inanediately remove said component from service, conspicaoasly post "Oat of Order" signs on said component; and, within14 days, reinstall, tepait 01 replace the component in accordance with the terms and conditions of the system 1 s em rently applicable Executive Order. d I !pan determining a Stage II system component is incorrectly installed, nonfunctioning or broken dnring a visual inspection, immediately· repair such component(s) as required by the terms and conditions of the system's currently app licable Execllfive Order; or ii stop dispensing motor vehicle fuel through such component(s), conspicuously post "Out of Service" signs on such component, and repair such component as required by the terms and conditions of the system's currently applicable ExeCJ!tive Order within I 4 days of the date such component is determined to be incorrectly installed, non-fimctioning 

### or broken

e I f an incorrectly installed, non-fimctioning or broken component cannot be repaired as required by 31 0 CMR 7 24(6)(h) 

### 1 d , such component shall immediately be I solated "Out of Service" signs sha ll he conspicuously posted on Isolated components until Sllcb time as said component are correctly repaired as required by the Stage IT system's currently applicable Executive Order f If an incorrectly installed, non-fimctioning or broken component cannot be repaired or i solated as required by 3 10 CMR 7 24(6)(b)1 d or e _ the facility owner/operator shall immediately s t op dispensing motor vehicle fi1el and conspicuously post "Out of Service" signs on all motor vehicle fhel dispensers unti l 4such time as all incorrect ly installed, non-fimctioning or broken components are correctly repaired as required by the terms and conditions of the Stage IT system's currently applicable Executive Order 

### 2. A**~isoal** 

### inspection of a Stage II system to meet the requirements of310 CMR 7.24(6)(b)l.c. may 

### be performed only 

### by a person who is trained to operate and maintain the Stage H system in accordance with the terms and conditions of the system's cmrently applicable Executive Ordet. Each person sobjeet to 310 CMR 7.24(6) shall maintain a conent record of all persons trained as p er 310 

### C:MR 7.24(6)(b)2. Soch record shall be maintained on site or , for tank hocks, at the address ftom which the tank hock is principally operated, and shall include the following. 

### i. the date training was last received, ii. the trahtee 's printed name, and iii. the personal signatme of the trainee acknowledging receipt of the training. A visnal inspection of a Stage II system to meet the requirements of 310 CMR 7 24(6)(h)1 c shall he performed only by a person who is trained to operate and maintain the Stage IT system as required by the terms and conditions of the system's currently applicable Executive Order A current record of all persons trained shall be maintained on site or, for tank tmcks, at the address from which the tank tmck is principally operated, and shaJJ include the foJJowing·

a the date training was last received; b the trainee's printed name; and

c the personal signatme ofthe trainee acknowledging receipt ofthe training 

### 3. Any person subject to 

### 310 CMR 7.24(6) shall maintahx ali Stage 

### H system maintenance records on site for the most recent rolling twehe month period. Soch maintenance records for tank trucks shall 

### be maintained at the address fiom which the tank bock is principally operated.

a. Stage II system maintenance records shall be maintained in a log and shaH include the following.

r. 

### the date of actual performance ofeach visual inspection,

n. an itemization of ail Stage II system components re-installed, repaired or replaced,

m. the signatme ofthe person who performed each visoal inspection,
tv. the date and fitst resul t of each in-ose compliance test, performed pm suant to 31 0 

### CMR 7 .24(6)(c)2., 3. and 4. as applicable, and

v. the date each in-use compliance test, perfor med pwsoant to 310 

### CMR 7.24(6)(c)2., 3. and 4. as applicable, was perfouned and passed. 3 Any person subject to 31 0 CMR 7 24(6) shall maintain all Stage IT system maintenance records on site, in a centralized location , for the most recent rolling twelvemonth period Such records may be either (a) bard copy documents or 

### (h) electronic 5documents, provided tbat a hard copy of the electronic documents shall be printed on-site immediately upon request Such maintenance records for tank tmcks shall he maintained at the address from which the tank tmck is principally operated Stage IT system maintenance records shall include·

a all of the facility's weekly inspection checkli sts for the prior rolling twelvemonth period, identifying· i the date each weekly visua l inspection was performed and the signab1re ofthe person who perfonned the visual inspection;

11 any Stage II system component determined to he incorrectly installed, non-fimctioning or broken ;

111 whether the identified**inc~orrect!y** installed , non-fimctioning or broken component w as immediately repaired, taken out of service and repaired within 14 days, Isolated, or the facility stopped dispensing motor vehicle fiiel and all fi1el dispensers were taken out of service; Jv the date incorrectly install ed, non-functioning or broken component identified in iii above was repaired b A copy of compliance testing company test result" for all Stage IT compliance tests during the prior rolling twelve -month period

c A copy of the Stage IT system's most recent Annual In-lise Compliance Certification 

### 4. All records maintained pursuant to 310 CMR 7.24(6)(b) 2 and 3 

### shall be 

### made available to the Department or the US EPA immediately upon the-request of eithet. 

### In the event requested records cannot be made immediately available , requested records shall be 

### delivered to the Department or the US EPA, as applicable, within 24 hours of the initial request. (c) Compliance Testing and Certification Requirements I Stage IT system testing, record keeping and certification as a resu lt ofRoutine Maintenance or M inor Modification of a Stage IT system

a In the event ofRoutine Maintenan ce, a record of such maintenance shall he maintained in accordance with 310 CMR 7 24(6)(h) 3 Compliance testing and subm ittal of a compliance certification to the Department is not required b In the event of a Minor Modification of a Stage II system, applicable compliance tests shall he perfonned and passed prior to commencing system operation and a record of such modification and test results shall he maintained in accordance with 310 CMR 7 24(6)(b) 3 Submittal of a compliance certification to the Department is not req11ired

6

### t2. Installation/Substantial Modification 

### C."''l'limll

. c: Certification Any person subject to 310 CMR 7.24(6) 

### who installs or makes a sSubstantial mModification to a 

### Stage II system after January 1, 2001(THE EFFECTIVE DATE OF THESE AMENDMENTS), shall, prior to commencing operation, shall perform and pass i:nstallatiouall applicable compliance tests pursuant to 310 CMR 7.24(6)(c]t:bd). and submit to the Department within 7 days of perfonning and passing said tests, a fully completed and signed Installation/Substantial Mo difi cation Compliattce Certification, on a form obtained from the Department, attesting to the following:

a. the installed or substantially modified Stage IT system is installed or substantially modified in compliance with 310 CMR 7.24(6)(a); b. the following installation compliarxce tests, as applicable, were p erformed in accotdattce witix310 CMR: 7.24(6)(c)6
. .
r. Vapor balance systems. Pressure Decay Test and Dynamic Ptessme!Liquid Blockage Test,

n. Vacuum assist systems. Presswe Decay Test, Ait-to-Liquid Ratio Test and Dynamic Pressute/ Liquid Blockage Test, or
111. Altemati tiC installation compliance tests that both 

### arc specified in the terms arxd conditions of titc**insta~lcd** system's cunently applicable Executive Order artd ate apptotJcd 

### by the Deprutment in program guidartce issued priOI to perfonnartcc of tire altemativc tests , artd b all applicable compliance tests as required by 310 CMR 7 24(6)(d) were perfonned and passed; and

c. tixe applicable installation compliance tests were perfonncd arxd were passed not m01c than 30 days pri01 to the date postmarked 011 tite envelope used to submit the certification to the 

### Dcpar bnent. 2. Vat

. III!I! J Assist 120 Day l11-Hse Co•t•Jilia!Jl

. e Ceilific.atioo. Any person subject to 310 CMR 7.24(6) who installs or makes a substarrtiai modification to a vacuwn assist Stage H system after Jarruary 1, 2001 shall perform itr-usc compliartcc tests pwsuartt to 310 CMR 7.24(6)(c)2.b. artd shail submit to titc Department, not more titan 120 days after titc date postmarked 011 tite cmelope used to submit to the Dcparbnent tire certification required 

### by 310 CMR 7.24(6)(c)l. or the date the facility connnenced opetation, whichever occurs first, a fully completed artd signed In-Use Compliarxcc Certification, on a fonn obtained fiom the Dcparbncnt, attesting to the following.

a. the ittstailed vacuwn assist Stage 

### H system is operated artd maintained in accOidatrcc with 31 0 CMR 7 .24(6)(b), b. titc followittg itt-usc compliartce tests were performed itt accordartce with 310 CMR: 7.24(6)(c)6
.. t. Air-to-Liquid Ratio Test,
7n. Pressme Decay Test, or nt. Altemative ht-use compliance tests that both rue specified in the tenns rurd conditions of the installed system's cmrently applicable Executive Order ruxd rue approved by the Deprutment hx progrrun guidruxce issued ptiOI to perfonnance of the altemative tests, rurd

c. the in-use compliruiCe tests were performed and were passed between 90 and 120 days after the date poshnruked on the emelope used to submit to the Deparhnent the htstallation Cwnplirutce certification required by 310 CMR 7.24(6)(c)l. 3. Anona! In -lise Compliance Certification Except as provided in 310 CMR**7.24(6)(c)A.~** any person subject to 310 CMR 7.24(6) shall perform in-use compliartce tests pmsuant to 310 CMR 7.24(6)(c)3.b. and shall annually submit to the Department a fully completed and s igned Annual In-Use Compliance Certifica tion, on a form obtained from the Department, attesting to the following:

a. the installed Stage 

### II system is operated and maintained m accordrutce withas required by 310 CMR 7.24(6)(b); b. the following in-use compliance tests, as applicable, were performed 

### in accordance vvitl•as required by 310 CMR 7.24(6)(cd)6:-: i. Vapor balance systems. Annual in-use compliance test: Pressure Decay Test ; Vapor-Tie Test; 

### PN Vent Test Every-third-year in-use compliance test: Dynamic Pressure/Liquid B lockage Test;. ii. Vacuum assist systems. Annual in-use compliance tests: Pressure Decay Tes t; Vapor-Tie Test; 

### PN Vent Test; and Air-to- Liquid Ratio Test. Every-third-year in

-use compliance test: Dynamic Pressure/Liquid Blockage Test;-or.

m. Altemative in-use compliruxce tests that both are specified in the terms rutd conditions of the installed system's cunently applicable Executive Order and rue approved by the Depruhnent hx progrrun guidrutce issued prior to perfonnrutce of the altemative tests, ruxd 111 Healy systems All applicable tests shall be performed annually

c. The applicable in-use compliance tests were performed and were passed not 

### more than 30 days prior to the date postmarked on the envelope used to submit the certificationCertification to the Department.

84. Alternative Annual In-I Ise Compliance Certification Any person subject to 310 CMR 7.24(6) who submits two consecutive yearsl._of Annual In-Use Compliance Certifications pursuant to 310 CMR 7 .24( 6)( c) 3. in which all applicable in-use compliance tests were passed on the first try, as certified to in-as required by 310 CMR 7.24(6)(eg)7.&., may elect to submit annually to the Department a fully completed and signed:an A lternative Annual In-Use Compliance Certification, attesting to the following on a faun obtained from the Department:

a. the installed Stage H system ts conectly operated mxd maintained m accordance with 310 CMR 7.24(6)(b), b. the following in-use complimrce tests, as applicable, were perfonncd in accordmtee with 310 

### CMR 7.24(6)(c)6. (The tests must only be perfomxed on an c9ery other yeru basis with the first tests being conducted the second year following the submittal of two consecutive years'

- passing test
. resolts as described in 310 CMR 7.24(6)(c)3. mxd (6)(e)7). i. Vapor balance systems. Pressme Decay Test mxd Dynarnic Prcssore/Liquid Blockage Test. ii.Vacoum assist systems. Pressme Decay Test, Air-to-Liqoid Ratio Test, mxd Dynamic Pressme/Liqoid Blockage Test, or

m. Alternati ve in-use compliance tests that both are specified in the terms ruxd conditions of the installed system's conently applicable Executive Order arxd me approved by the Deprutment in program guidance issued prior to performance of the altemati ve tests, and a Faciliti es meeting the requirements of31 0 CMR 7 24(6)(c) 4 and electing to submit an Alternative Annual In-l Jse Compliance Certification shall be· exempt from annual S tag e IT compliance testing requirements in the year following the submittal of two consecutive years' of Annual In-I Jse Compliance Certifications in compliance with 310 CMR 7 24(6)(c) 4; and

u subject to all applicable Stage U compliance tests as referenced in 310 CMR 7 24(6)(d) in the second year following the submitta l of two conseeutive years' Annual In-I Jse Compliance Certifications in compliance with 31 0 CMR 7 24(6)(c) 3 , and every o ther year tb

. ereafter b Any person submitting an Alternative Annual In-I Ise Compliance Certification to th e Department shall fi!lly complete and sign said Certification and attest to the following· the installed Stage IT system is correctly operated and maintained as required by 31 0 CMR 7 24(6)(b);

u all applicable compliance tests were performed and passed as required by 3 I 0 CMR 7 24(6)(c) 4 a , and
9

### c:- 111 

### The applicable in-use compliance tests were performed and were passed not more than 30 days prior to the date postmarked on the envelope used to submit the cettificatiouCertification to the Department. d. Any person certifying pursuant to 310 CfvfR 7.24(6)(c) 4., who fails to pass a required itr.:.ase compliance certification on the first 

### tty, as shown on the certification form submitted by the testing company pursuant to 310 Cl'ofR 7.24(6)(e)7, shall be tequited to cettify accmding to the tequitements of310 CMR 7.24(6)(c) 3., ruttil such time as the petson meets the tequirements itt 310 CMR 7.24(6)(c) 4. c Any person submitting an Alternative Annual In-JJse Complianc e Certification and fails one or more compljance certification tests on the first try as required by 3 I 

### 0 CMR 7 

### 24(6)(c) 4 shal1 he required, in subsequent years, to annually certify in compliance with the requirements of 31 0 

### CMR 7 

### 24(6)(c) 3 , 

### until such time as the person meets the requirements in 310 

### CMR 7 

### 24(6)(c) 4 5. Annual In-IIse Compliance Certification Submittal Requirements The annual submittal date for cetti:ficatiouCertifi cations required pursuant to 310 CMR 7.24(6)(c)_.3. and 4., is no later than:

a. For persons subject to 3 10 CMR 7.24(6) who install or make a sSubstantial mModification to a Stage 

### II system on or after January 1, 2001, the anniversary of the date postmarked on the envelope used to submit to the Department the Installation Compliance certi ficatiouCerti fication required by 310 CMR 7 .24(6)( c) 1. or the date the facility commenced operation, whichever occurs first; and b. For all other persons sub j ect to 310 CMR 7.24(6) , May 1 , 2002, or a date otherwise provided by the Department, whichever is earlier. Persons subject to 310 CMR 7 .24(6)(c).5.b. who are provided an annual submittal date by the Department shall be notified by the Department of their first annual submittal date and required in-use compliance tests pursuant to 310 CMR 7 .24(6)( c

### )_3. b

. no less than 90 day s prior to the first annual submittal date established by the Department.

c. Upon request of any person subject to 310 CMR 7.24(6), the Department may revise said person 's annual cettifi:catiouCertification submittal date. Such revi sion shall set a revised annual submittal date that i s no more than 12 month s after the otherwise applicable submitta l date. 6. Compliance cettification tests perfonned to meet the tequirements of 310 CMR 7.24(6)(c) shall be perfonned only 

### by a person 01 

### Stage 

### II compliance testing company that has submitted to 

### the Departtnent a Stage H Compliance Testing Company NotificatiouNotifi cation it1 accmdauce with 310 CMR 7.24(6)(e)l. 7
. Failwe To Pass A 

### Requi1ed Tii -Ifs e Cooqiliaoc

.c: Test. Any person who owns , leases , opetates 01 

### conttols a:n installed Stage H system that faiis one ot more in-use compliance test(s) shall tepait the system so that it meets the tenns and conditions of the system's crutently applicable Executive Order and shall te-test and pass the said in-use compliance test(s) witlri1r 14 days oftl1e date the Stage H system failed said test(s). Iftlte Stage 

### II system is not tepaired and does not pass the applicable in-use compliance test(s) within those 14 10osly**~ays,** then the person shall stu
. . Oat of Order" 

### i p dtspensmg motm vehicle fi l 

### shall not

# tesmt.;"~·l":: all rnotot. 

### vdriele fuel 

### dispertstrs 

# :'>and _shall oouspicuo with 

### 310 CMR 9.::(6)(')3systern rs repaired 

# and passes 

# tite a

# ~ISnJ ofmotot 

### vel post 

### ride fuel 6 A 

### e . -pp tea 

### e 

### test(s) m ace Oldance ny person wbo owns I rna · eases op t re m-use com lia , . ,era es or control s a

### ~ SODeor ( ) c 3 or 4 shal l imm d" tely· 

### a · . • e ta repmr mcorrectl · . y**mst::~llerl** n req.mred by the te' non - mctionin ExeCJJtive Oroer !]Jls and rooditions of the Stage Ug.; b:"ken cmnponent 

### .as • em s currently applicahie

h re-test and

. pass e ach failed test; and liance c h

. . Sll mJt to the 

### n

- ation submJttal date or within 3 faoJhty s Annual fu-!!se Com
. Camp result as required h 31 

# g days ofthe date ofthe Stage U s 

# ..!' .ance Certdic apphcable wbiclJeV: CMR 

### 7 24(1i)(c) 3 o or 31 Q J:.MRm s first passm 

## r. rffi · epartment th ·

e

## ~catwn on or before the

## :~ ; e reqmred Annual In- I Ise g test ' r ocCJJrs first 7 24(6)(c) 4 c 

### , as

ectly 

# ? If a facility fails one or . mstalled, non-nmcf

. more reqmred in-use co . CMR 7 

### 24(/i)(c) 6

# ~!'~g**-~'** broken compcments

# can~:b~ance tests and the incorr ,aC I lty owner/operator sha ll

. d. repaired as required by 3 1 0 1 mme 1ately·


### a . I om Jso ate the incorrectly in sta ll ed the Stage II system so that th

. ' non-fimctioning 

### or broken by the tenus and cond"f e remamder of !he Stage U sys t compcmeuts f, 

### and I Jons of the system's I em operates as reqm red current y a 

### r h pp JCa le Exewtive Order**~.** 

### b h

. Sll mJt to the D ce on or before the f•ci li 'passmg test results for the remainder f n-Ilse Crunplian within 30 da ty s Annu al In-1 lse Com Iiane

. o the Stage U s)'stem 

## r. rt"fi · epartment th ·

e 1 catwn based on ·e reqmred Annu al I
or d er 

### 1zy 3 1Q

# cwf' 2

# "i~h:**dt~** ofthe Stage 

## u

# syst~ 's

# ;,;e:~i~ahon submittal date ()CCurs first ( )( ) ' 0 ot31 0 CMR 

### 1 24(6)(<:) 

# l g test result as require c ' as apphcahle, which ev

c Any**~tage** IT system com S)'stem shaH remain Isolated

# untl~~:::i::.:l:~d from the remainder of the S!age D
gystem s currently applicable E y

## ~ e terms and conditions ··**~xecnhve** Order a d 11 all )" · • n

. app !Cable, com Iiane

. reqmrem . ents for the R! Jti e

## es~ng, record keeping and certi

. SubstanMI M d"fi

. ne Mamtenance M"
. ficaMn 0 1 catwn of a Stage 11 ' mor Modrfication 8
. . system are compliffi with , or

. If a fac Jh ty fails one mc;:t 11 rJ or more re · rl · a e non-fimcf ·qmre m-use co 

### r I

. 0 sm component is re · . ofthe

## ~ta e n

## ~ , paJred as reqmred h b

. '

## ~wmng or b k mp wnce tes t rl · reqmred by 3 I Q CMR 

### 1 )4(fi nLen Stage D system 

# co:;; anent 

### s an the mcmrectly dlsp<m sing motor vehicle fuJ"j! 6 

### or 1 '.the fuci li ty

# Ol!llle~erator r;;nnot be ":paired as nd conspJ cuQJ!sly post "0 t f

. all Jmmedwtely stop n o**~erv1ce"** · SlgDS on all motor 11vehicle file! dispensers until such time as·

a all incorrectly installed, non-fimctioning or broken components are repaired as required by the tenus and conditions ofthe Stage U system's cmrently applicable Executive Order; b all applicable in-use compliance tests are performed and passed as required by 3 10 CMR 7 24(6)(c) 3 or 4 , as applicable; and

c a fi1lly completed Annual Tn-T Ise Compliance**Certitir.::~tion** has been submitted to the Department as required by 31 0 CMR 7 24(6)(c) 3 d If a facility fails one or more required in-use compliance tests and is subject to 310 CMR 7 24(6)(c) 

### 8 , for purposes of compliance with the Annual Tn-T Jse Compliance Certification submittal requirements of 310 CMR 7 24(6)(c) 3 or 4, said facility owner/operator shall submit to the Department a fi1lly completed and signed Stage U System Closure Notification as required by 31 0 CMR 7 24(6)(e) 2 on or before said facility's currently applicable Annual In-lise Compliance Certification submittal due date 

### 8. Any certification submitted by a person sabject to 310 

### CMR 7.24(6) prusaant to 310 

### CMR 7.24(6)(c) shall be signed by au**indit~idaal** who is a responsible official regarding the Stage 

### II system , who shall attest to the following.

a. I certify that I personally exarnined the foregohtg ar1d arn familiar with the hrfonnation contained in this docwnent artd all the attachments arrd that, based on my inqahy of those persons innnediately responsible for obtahring the infonnation , I**beliet~e** that the infonnation is b ae, accwate and complete. I aru aware that there are siguificarrt penalties for submitting false infonnation, including possible fines arrd imprisonment, b. that systems to maintain compliarrce are in place at the facility or, if applicable, at the location from which the tarrk track is prhtcipally operated arrd will be maintained for tire coming year**et~en** if the processes 01 operating procedures are charrged over tire comse of the year , arrd

c . I arn fully authorized to make this attestation on behalf of this facility 01 tarrk track, as applicable

. 

### 9. Any person immediately responsible for obtaining information referenced in 310 

### CMR 7.24(6)(c) 

### 8. a., who knowingly artd willfully makes false , inaccwate, incomplete or nrisleading statements prusaant to arty certification or notificatiouNotification required rutder 310 

### CMR 7.24(6), may be in violation of 310 

### CMR 7 .24(6). Not witirstanding tire**pret~ioas** sentence , any person subject to tite requirements of 310 

### C:MR 7 .24(6) , shall comply with all applicable provisions of310 

### CMR 7.24(6). 9 Any Certification submitted to the Department as required by 310 CMR 7 24(6)(c)**sh~ll** he signed by a Stage II System Responsible Official as required by 310 CMR 7 24(6)(f) 1210. Any person subject to 310 CMR 7.24(6), upon written notic e from the Department, 

### shall perform such compliance tests as the Department determines necessary to demonstrate the Stage TI system is installed and maintained in accotdance withas required by the terms and conditions of the system's currently applicable Executive Order and shall submit the results to the Department within 14 days ofthe performance of said tests. (d) Stage II System Compliance Testing Requirements For the purposes of 310 CMR 7 24(6)(c), the following Stage IT System compliance tests and requirements sha11 be required· Vapor Balance systems Pressme Decay Test, Vapor-Tie Test, 

### PN Vent Test and Dynamic Pressure!I .jq uid Blockage Test 2 Vacuum Assist systems Pressure Decay Test, Vapor-Tie Test, 

### PN Vent Test, Air-to-T

. jquid Ratio Tes t and Dynamic Pressure/ I
. iqJJjd Blockage Test 3 Healy systems a Healy 400 ORVR (Executive Order # G-70-186) , Healy 400 ORVR Above Gronnd Storage System (Executive Order# G-70-187) and Franzen-Hm Cargo Tank Tmck Syst em (Executive Order# G-70-193)· Pressure Decay Test· Vapor Tie Test; 

### PN Vent Test; Exh ibit 4· Vapor Return I
. joe Vacuum Integrity Test; and Exh ibit 5· Fillneck Vapor Pressure Regulation Fueling Tes t b Healy 600 (Executive Order# G-70-165)· Pressme Decay Test; Vapor Tie Tes t; 

### PN Vent Test; Air-to-T

.iquid Ratio Test; and Exh ibit 4· Vapor Return I .joe Vacuum Integri ty Test 4 Compliance tests perfonned to meet the requirements of 310 CMR 7 24(6)(c) shall he perfonned only by a person or Stage IT compliance testing company that has submitted to the Department a Stage II Compliance Tes ting Company Notification as required by 31 0 CMR 7 24(6)(g) 1 (d.e) NotificationNotjficatjon Requirements. 1. Any person, upon entering into a purchase, lease or other contractual agreement by which said person becomes the owner, operator, lessee or controller of an existing motor vehicle fuel dispensing facility or tank truck subject to 310 CMR 7 .24(6) shall submit to the Department, within 30 days of the effective date of becoming such an owner, operator, lessee or controller or within 1 0 days of a written request from t he Department, a fully completed Ne:w._Stage II Change of System Owner, Operator, Lessee or Controller 13Notification on a form obtained from the Department.

a. The nNotification shall include the following: 

### i. the name of the new Stage II system owner, operator, lessee or controller and related business documentation, including the name and address of the facility where the Stage II system is located or from which the tank truck is principally operated;..and ii. the effective date said person became the change**o~** owner, operator, lessee or controllet occmred. b. Any nNotification shall be signed by the individual who is a rResponsible oOfficial for the new owner, operator, lessee or controller regarding the Stage II system, who shall attest to the following: i. I certify that I personally examined the foregoing and am fami liar with the information contained in this document and all the attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fmes and imprisonment; ii. I am fully authorized to make this attestation on behalf of this facility or tank truck, as applicable. 2. Any person subject to the requirements of 

### 310 CMR 7.24(6) who removes an existing nrot01 vehicle fuel dispensing facility or tank truck fionr service and intends to terminate that person's obligations mtder 

### 310 C:MR 7.24(6) regarding the facility 01 tank: truCk shall submit a fully completed artd signed Stage II System Closme

. Certification to the Department, on a fmm obtained from the Deprutment.


### a 11te closme certification shall include the following.

r. the uarne of the Stage II systern owner, operat01, lessee 01 controller artd related business docmnentation, ir1cluding the narne artd address of the facility whete the Stage II system was located 01 fmm which the tarlk huck: was principally operated,

n. the Stage H Facility Customer Code nmnber fox the applicable facility 01 tarlk b uck:, artd
III. attestation that all motor vehicle fuel stoxage tanks 01 dispensexs have been removed. b. Each closme certification shall be signed 

### by art irtdividual who is a responsible offieialregarding the Stage H system, who shall attest to the following

. .
r. I cextify that I pexsonally exarnined the foregoing and am familiar 14obtaitrin n 

### my 

### mquiry of d ocruneut and 

### all dte

# coutplet~**~te** mfunnation, 

### I

# belie~~ pw:o"" immediattly attaclnuents and infunnat: run awrue diat dJere

# ~ I at die itrfonnation is Iespousib!e 

### fin IOU, nJelading possible 

### fi e SJginfu:aut penalties 

### fi b 

### ne, aecru ate and ii 

### I 

### fi nes and imprisuinneut "Or snbnritting f alse



### . am 

### illl ti

. , witix tire info

. 

### that, based

### ~matron. contained 

### in tiris d

or 

### tank ti 

### u y 

### au IOnzed to n ak:

. 

### ck , as applicable. I 

### e tins attestation on bel alf

. e I ofdns 

### fi T

· A mot
. acnt)



### . or v 

### elncle fi 

### l .lequnements of 3i . ae dispens · . dispenser(s) I 

# -a CMR 7.24(6) I mg fuctlity 

### or tarde t k mve 

### be , w tete d rue b' date posbt 

### atk en temoved is tO 

### I .e nmlot vehiele 

### fa I ot11eet to dte Depatbnet:t. ed on the

# emel~e**~sect:get** subject to 

### 316

# C~**~"l!!'** tartk(s) OJ 

### o subnnt ti e l . 4(6) as of ti r c osme certificaf Ie ron to tite

perator, lessee w I cb said

# er~· upon enterin i submit to the

# D~r a

controller _of a

# faciiit:~~ rehnqnishes hi s 

# a: h:o a sa le, lease !lT ath er conJrar.tJI3 13(1p£;:,e':;'ent: wllhin 

### 30 dafS

# of~k tmck subject 

### to 

### 3

# :~t~oncy as an owner 'a sigoe.l le1ter anti'"' e effecltve date of

. " MB 7 24(6) shali ..,...ng the De sam sale 1 ' a the name of lh _partmenl ofthe fallow{n ease !lT ather operator, lessee or c e person relinquish in . g 2 Any person h. contrachml SJUject to 3 I 0 CMR a agreement hf h. 7 24(6)

7 24(6), the facili n ontroll er of the fac ili 

### g hJS 

### or her aulhori a the address from tyh. arne, Stage II Faci lity

# ~ !lT t;mk tmck

# uhj~ t s an

# Olllltle~ vucb the lank tnu:,k.

. - ustomer CodeN , 

### c. to 310 CMB 

### h the IS pnncipally operated umhec_ and address 

### or tank tm name of the new Olllltl , as apphcahle; c k subJect to 3 10 er, operator Je the new faci li CMB 7 24(6)

- ssee or oontrolle principall¥ or!Jl

# n~me and. addressor :d

# ~ated busine ss

# info~f/he (acilicy ot e , as apphcab le; and e a dress from which th: •on, mcluding c 

### lh

- tank tmck ·

e effective date ofthe h I S "
. -- c_ange of

1 A

-- ()W!lr.I a ny person sub'

# ,pernio~ lessee 

### or temporaril¥ take

# ~eel to th e cequireme m controller shall submit to

# them~ ofuse an existing

# m~~t of31 0 CMB 

### 1 24(6) seek. Nonfication, on a fa epartmenl a (ully cmn lvcbicle fiiel dispen<in r, mg

### to permanently nn ohtamM fro p.eted and 

### si g .aothlf ot tank m the Department gne.l Stage U S st - tnu:k a Said Nat'fi

. Y em Closure LcatJon sh 11
. 

### a mclude the t4 II

. .o .. owmg·

I th _e name of tb S and related bJJ . etage IT facility r .
_ _

## sme~~ . fi -- owner H!c1lity h- '" onnation · .- operatot Je : w ere the Sta U ' mcludmg th ' ssee or contr II was pnnc· II ge - system e name and d o ..er I pa Yoperated

- . was lcx:ated ot fi-

# ~ a dress of th

.. 'as apphcahle· J>m which the t k e u ' an- tmok

### cif~~th~~e;:S~t~j~~~~W!~Cl~xneL.Cnd~nu.WW.oJllL.tl~~qll~.hl facility or t k ge IT Facj!ity C t _an_ t m ck; andus omer Code
iii 

### a fi!lly completed Notifi

. __ cation Eo 

### S 15 r torage T k . an 

### s Regu l ated JJnd er527 CMR 9 DO (FP-290) Form, as issued by th e local Fire Department, documenting that the applicable facility 

### or tank tmck is either permanently or temporarily taken out of use b Any person subject to the requirements of 31 0 CMR 7 24(6) who temporarily takes out of use a motor vehicle fi1el dispensing facility shall, prior to re-commencing the distribution of motor vehicle fuel, perform and pass all app1icahle compliance tests and submit to the Department a fully completed Installation/Substantial Modification Certification as required by 310 CMR 7 24(6)(c) 1 Said temporary Notification shall be renewed as necessary . by submitting an updated, fully completed Stage II System Closure Notification, on or before the annual anniversary of the date the local Fire Department signed the required FP-290 Form Said renewal shall include a current FP-290 Form, as issued by the local Fire Department, documenting the facili ty's continued temporary out of use status

c Any person subject to the requirements of 31 0 CMR 7 24(6), where the motor vehicle fuel dispensing facility is either permanently or temporarily taken out of use, shall no longer h e subject to 310 CMR 7 24(6) as of the effective date the facility was taken out of service as referenced in the required FP-290 Form 4 Any Notification submitted to the Department as required by 31 0 CMR 7 24(6)(e) shall he signed by a Stage II System Responsible Official as required by 310 CMR 7 24(6)(£) (f) Stage II System Responsible Official Certjficatjon of Compliance. Except in circumstances described in 3 10 CMR 7 24(6)(f) 2, any Certification or Notification requi red by 31 0 CMR 7 24(6)(c) or (e) shall he signed by an individual who is a Responsible Official regarding Stage II system compliance 2 For Stage II systems owned by on e party and leased, operated or controll ed by another independent party and where both parties have separate Stage II compliance responsibilities, any Certification or Notification submitted in compliance with th e requirements of 31 0 CMR 7 24(6)(c) or (e) shall he signed by Responsible Officials for each party regarding Stage II system compliance Each Stage IT System Responsible Official shall attest to the following · I certify t ha t I personally examined the foregoing and am familiar with the information contained in this document and all the attachments and that, based on my inquiry ofthose persons immediat ely responsi ble for obtaining the information, I believe that the information is tme, accurate and complete I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment;

u that systems to maintain compliance are in place at the facility or, if appl icahle, at the location from which the tank tmck is principally operated and will he maintained for th e coming year even if the processes or operating procedmes are changed over the comse ofthe year; and 16m I am fillly authorized to make this attestation on behalfoftbjs facility or tank 

### tmck, as applicable 3 Any person immediately responsible for 

### obtaining information referenced in 310 CMR 7 24(6)(f), 

### who knowingly and willfully makes false, inaccmate, incomplete or 

### misleading statements pmsuant to any Certification or Notification required under 310 CMR 7 24(6), 

### may he in violation of 31 0 CMR 7 24(6) 

### Not withstanding the previous sentence, any person subject to th e requirements of 31 0 CMR 7 24(6), 

### shaH comply with aJJ applicable provisions of310 CMR 7 24(6) 

### (eg) Compliance Testing Company Requirements 1. 

### On or after Januaxy 1, 2001 (THE EFFECTIVE DATE OF THESE AMENDMENTS), any person who owns, leases, operates or controls a company that performs Stage IT compliance tests to meet the requirements of 310 CMR 7 .24(6)( c) shall submit to the Department a fully completed Stage IT Compliance Testing Company Notification, on a form obtained from the Department, prior to performing any required Stage II compliance test.

a. the**notificationNotific~tion** 

### shall include the following: i. the name and business mailing address of the Stage II compliance testing company owner, operator, le ssee or controller; ii. the name and address of any business that is engaged in the installation or substantial modificatiouSuhstantial Modification of Stage IT systems and is owned, operated, leased or controlled by, or affiliated with the owner, operator, lessee or controller ofthe compliance testing company;
111. 

### the name and address of any motor vehicle fuel dispensing facility or tank truck subject to 310 CMR 7 .24( 6) that is owned, operated, leased or controlled by, or affiliated with the owner, operator, lessee or controller of the compliance testing company; iv. the address and telephone number of the facility(ies) from which the daily compliance testing activities of the compliance testing company originate and at which any records required by 310 CMR 7.24(6)(eg)9__lll. are maintained;-and

v. a written description of the employee training systems in place at the compliance testing company to ensure required compliance tests are performed in accordance withas requi red by applicable protocols and procedures, pursuant to 31 0 CMR 7 .24( 6)( eg)56.. and 

### 67:-.;..aru:l vi a list of all Compliance Testing Company Responsible Officials with the authority to sign Compliance Testing Company Certifications on behalf ofthe compliance testing company b. eEach notificationNotification shall be signed by an individual who is a 17

### rResponsible oillficial regarding the compliance testing company, who shall attest to the following: i. I certify that I personally examined the foregoing and am familiar with the information contained 

### in this document and all the attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment; ii. Employee training systems are in place at the company to ensure Stage II compliance tests are performed in accordance witl.as required by 

### all applicable protocols and procedures and such training systems will be maintained for the corning year even if the protocols and procedures are changed over the course ofthe year; and
111. 

### I am fully authorized to make this attestation on behalf of this Stage II Compliance Testing company. 2. Any person subject to the requirements of 310 CMR 7.24(6)(dg) shall notify the Department in writing of any change to the information submitted to the Department pursuant to 310 CMR 7.24(6)(eg)_l. within 14 days of the effective date of such change. Upon the Department's written request, the person shall submit a fully revised and completed notificatiooNotification to the Department in accordance witl.as req uired by 

### the requirements of31 0 CMR 7.24(6)(eg)_l. 3. No person subject to 310 CMR 7.24(6)(eg) shall perform any Stage II compliance test unless said person has first been trained in accordance with the applicable compliance test protocols and procedures required pwsuant toby 

### 310 CMR 7.24(6)(eg)5..6.. and 61. 4. Any person subject to the requirements of 310 CMR 7.24(6)(eg) shall submit, at least once every two weeks, a written list to the Department identifying all motor vehicle fuel dispensing facilities and tank trucks at which the company is scheduled to perform required Stage II compliance test(s) over the next 14 day period.

a. The list shall be organized by Department R:region and date, and shall include the name and address of each facility or tank truck to be tested, the applicable section under 310 CMR 7.24(6)(c)_l., 2., .oL.J

. 

### ox 4. the required compliance t ests shall be 

### performed, and the estimated time that the company expects to arrive at the facility location. b. The Department shall be notified, in writing, of any change of date of an individual facility's scheduled compliance tests no later than 9a
.m. of the day the scheduled test(s) is to occur. Additions to a submitted compliance-=.testing schedule shall be submitted to the Department, in writing, no less than two working days prior to the date of any scheduled test.

c. Failure to comply with the notificatim•Notification requirements of 310 CMR 7.24(6)(eg)z4.. may be a basis for the Department to determine that tests 18conducted after inadequate notice are invalid. 5 Any person subject to the requirements of 310 CMR 7 24(6)(g) shall immed i ately notify the Department of any fa il ed Stage U compliance tests perfooned as required by 31 0 CMR 7 24(6)(c) if said person did not refl1m to retest the Stage II system as required by 31 0 CMR 7 24(6)(c) 6 or 7 on or before the facility ' s Annua l In-I Jse Compliance Certification submittal date, or withi n 30 days ofthe date of the Stage II system's first passing test result_ which ever occurs first Said person sha ll notify the Department regarding the name and address ofthe facility, and the facility's Facility Account Number 

### 56. Any person subject to 310 CMR 7.24(6)(eg) shall perform compliance tests to meet the requirements of 31 0 CMR 7 .24( 6)( c) only upon confirmation that:

a . all above ground Stage 

### II system components including, but not limited to: dispensers; nozzles; swivels; hose retractors; hoses; breakaways; vapor check valves; and the pressure/vacuum valve(s) are installed as required and are the correct components in accmdance witl.as required by the terms and conditions of the system's currently applicable Execut ive Order; and b. all motor vehicle fuel dispensing facilities with two or more motor vehicle fuel storage tanks are properly manifolded in accordance withas required by the terms and conditions ofthe system's currently applicable Execut ive Order. 

### 61. Any person subject to 3 10 CMR 7
.24(6)(eg), shall perform Stage 

### II compliance tests to meet the requirements of 310 CMR 7
.24(6) only in accordance with the applicable California Air Resources Board test procedures cited below, subject to the exceptions as cited:

a. Presswe Decay Test (TP

- 201.3A). The following exceptions shall be made ftom test procedwe TP-20 1.3A.

r. presswe decay tests shall be conducted at 5.8oziin2 01 10 inches of water colwrm, and

n. P/V relief vents shall be tested to be witlri:n .29odirr2'"m 0.5 inches of water colwrm of the designed presswe and witlrin 1.2ozlirr2'"or 2.0 inches of water colwmt oftlte vacuwn settings.

a Pressure Decay Test (Bay Area Air Pollution Control Dist rict Somce Test Procedure ST

- 30 (2/61199 1 )) and Table A Minimum Allowable Pressure

5ilil l 6illl 4...5.0. 9..46. .i.2ll 9...5.(1 .8.illl .5._&Q 9...52 9.0.Q 6..20. .2..5.6
19.l.2.S.O 1.05. .LLO..O..O. 2..62 .L1.5.0 1...20. .l.2.!lilll 2M. 2....0..00. &. ?..fi ll..O.QO_ 2.66 2.2.5.0. 8.3.5. l.4Jlllil 2..6& 2.5illl &...S..Q l..iJlilll 9..1!1 2..75_0 8..6Q .l.6..0.0.Q 9....11 3JlQQ 1l10. J.1..illlQ 9....11 325.0. 8..80. J..8...Q.QQ 9...12 3....iQQ 1L2Q .l..2Jlilll 2..13. ll.S.O 2.illl 2.Q.Qilll 2..13. 4....0.00. 'Ll.Q 2.LOOO 9..14. 4...2.S.O. 9...1.5. 22..fiQQ .2.1.5. 4....iO.O. 9..2.Q 2.1...00.0. .2.1.5. 4....1.5.0. .9..2.5. 2AllO.O. 2.1fi 5.illlO. 9....3..0. 25.JlO.Q 9..11. .3..0...0.0..0. 9....8.0 NntP.· Fnr**~ v~lin** **tP.~t tnt~lnll** **~oP. mn~t**  hP.**~t IP~** **t** '\00**o~ llnn** **~** hnt nn mnrP.**th~n ~0**  000**o~llnn~** 

### b I [ ndergmund Eiping Check (Yapm Iie) Iest (San niego Councy Air Pollution Control njstrict Iest Procedme IP-96-1, Section 5 1 9)



### c. Press meNacnum Vent Ies t {I 

### .eak Rate and Crack ing Pressure of PressureNacnum Vent Va iYes, CARB IP-201 1 F) 

### P N reliefvents shall be tested to be w ithin .29oz/in2 

### or 0.5 inches of wa ter column ofthe designed pressure and within 1.2oz/in 2 

### or 2.0 inches ofwater column of the vacuum settings . bd. A ir-to-Liquid Vo lume Ratio T est (TP-201.5).

ce. Dynamic Pressure/Liquid Blockage T est (TP-201.4). d

. Ot hex applicable compliance test(s)that ate both appxoved 

### by t he Califumia Ait Resoruces Boatd atrd apptoved 

### by the Depattment in progtatn goidatrce issued pxim to their use . f 

### Healy 400 ORVR (Executive Order # G-70- 186) , Healy 400 ORVR Aboye Ground Storage System (Exewtiye Order # G-70-1 87) and Franzen -Hill Cargo Iank Imck Syste m (Executive Order # G-70-1 93) Ex hibit 4· Vapor Return T.ine Vacuum Integrity Iest Exhibit 5· Fi ll neck Vapor Pressme Regulation Fueling Iest Healy 600 (ExecutiYe Order # G-70-1 65) Exhibit 4 · Vapor Reh1rn T.ine Vacuum Integrity Iest 7&. Any 

### person subject to 310 CMR 7.24(6)(eg) shall certify to the Department that each compliance test performed to meet the requirements of 31 0 CMR 7 .24( 6)( c) was performed in accmdatrce withas required by 3 10 CMR 7.24(6)(eg) 

### 5:6. and 

### 61. The required certificationCertification shall be submitted on the a pplicable Stage II Installation Certification or Annual In-U se Compliance Certification submitted prusuatxt to 310 Ctv1R 7.24(6)(c), as applicable. The required cettificatiou Certification shall include : 

### 20a. the date each compliance test was first performed and the result; and b. the date each compliance test was performed and passed.

c a notation whether, (i) the entire installed Stage U system was tested and passed all applicable compliance tested or (ii) incorrectly installed, non-fimctioning or broken components were Isolated from the remainder of the installed Stage IT system and the remainder of Stage II syste' m was tested and passed all app!icable compliance tests d If the remainder of the Stage U system was tested and passed all applicable comp!iance tests, as noted in 31 0 CMR 7 24(6)(g) 8 c , identify all components Isolated from the remainder ofthe Stage U sys tem 

### 89.. Each certificatiOliCertification submitted pursuant to 310 CMR 7.24(6)(eg)7Jt shall be fully completed and signed by an :ind:ividuai who :is a responsible official tegard:ing the compliance testing company Compliance Testing Company Responsible Official, who shall attest to the following:
a 

### I certify that 

### I personally examined the foregoing and am familiar with the information contained in this document and all the attachments and that, based on my inquiry ofthos e persons immediately responsible for obta ining the information, 

### I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fmes and imprisonment; and b. I am fully authorized to make this attestation on behalf of this Stage II Compliance Testing company. 910. Any person subject to 310 CMR 7.24(6)(eg) shall maintain the following records on site, for a minimum of five years, at the location(s) referenced on the form submitted pursuant to 310 CMR 7.24(6)(eg)_l.a.iv:

a. A complete set of records of compliance tests performed to meet the requirements of 310 CMR 7 .24(6)( c). Such records shall include, by facility address:
1. the date and frrst result for each required test performed;

u. the date each test was performed and passed; and

m. an itemized list of all Stage II system components re-installed, repaired or replaced as necessary for the system to pass the applicable test(s). b. A current record of all persons or employees trained in accordance withas required by 310 CMR 7.24(6)(eg)3. Such record shall include the following: i. the date training was received; ii. the person or employee's printed name; and iii. the personal signature of the person or employee acknowledging receipt of required training. 21

### fflll. All records maintained pursuant to 310 CMR 7.24(6)(eg)9__lil. shall be made available to the Department or the US EPA immediately upon the request ofeither. 

### (fh) Violations of 310 CMR 7.24(6) l. 

### For any person subject to 3 10 CMR 7.24(6) it shall be a violation of 310 CMR 7.24(6) to: 

### al. fail to submit any certificationCertification or notificatiouNotjfication required put sam1tey to 3 1 0 CMR 7 .24(6) as applicable; b2. make any false, inaccurate, incomplete or misleading statements in any certificatiouCertification or notificationNotification required putsaantey to 310 CMR 7.24(6); c3.. make any false, inaccurate, incomplete or misleading statements in any record, report, plan, file, log or register which said person is required to keep pursuant to 31 0 CMR 7.24(6); d4. hold themselves out as a responsible official m violation of the applicable requirements pmsumJtnfto 310 CMR 7.24(6); e5.. fai l to comply with any applicable standards imposed under 310 CMR 7 .24(6); or 

### f.6. violate any other provision of310 CMR 7.24(6). (gi) 

### Department Adopted CARB Stage II System Executive Orders. Number Descriotion G-70-7-AD Certification of the Hasstech Model VCP-2 and VCP 2A Phase II Vapor Recovery Svstem. G-70- 14-AA Recertification of Red Jacket Aspirator Assist Phase II Vapor Recovery Svstem. G

-70-17 -AD Modification of Certification of the Emco Wheaton Balance Phase II Vapor Recoverv Svstem. G-70-18-C Modification of Certification of the Shell Model 75B 1 and 75B 1-R3 Service Station Phase II Vaoor Recoverv Svstem. G-70-23-AC Recertification ofthe Exxon Balance Phase II Vaoor Recoverv Svs tem. G-70-25

-AA Recertification of the Atlantic· Richfield Balance Phase II Vapor Recovery Svstem. G

-70-33

-AB Certification of the Modified Hirt VCS-200 Vacuum Assist Phase II Vapor Recovery Svstem. G-70

- 36-AD Modification of Certification of the OPW Balance Phase II Vapor Recovery Svstem. G-70

- 37-B Modification of the Certification of the Chevron Balance Phase II Vapor Recoverv Svstem with OPW nozzles for Service. G-70-38-AB Recertification ofthe Texaco Balance Phase II Vaoor Recovery Svstem. G-70-48-AA Recertifica tion ofthe Mobil Oil Balance Phase II Vaoor Recoverv Svstem. 

### 22G-70-49-AA Recertificati on of the Uni on Balance Phase II Vaoor Recoverv Svstem. 

### G-70-52-AM Certification of Components for Red Jacket, Hirt and Balance Phase II Vapor RecoverY Svstem. G-70-53

-AA Recertification ofthe Chevron Balance Phas e II Vaoor Recoverv Svstem. 6-70-70
-AC ,., ._. I' ol T T .,..., TT
.. T 

### .... l'

. L" l' 

### "' · 

# I**v"~** UJ Ulv Lva.. l .J\Jl v tvl; G-70-77 Certification of the OPW Repair/Replacement Parts and Modificat ion of the Certificat ion ofthe OPW Balance Phase II Vaoor RecovervSvstem. G-70-7 8 Certification of the E-Z Flo Nozzle Company Rebuilt Vapor Recovery Nozzles and Vaoor Recoverv Comoonents. G-70-101-B Certificat ion of the E-Z Flo Model 3 006 and 3007 Vapor Recovery Nozzles and Use ofE

-Z Flo Components with OPW Models ll VC and 11 VE Vapor Recoverv Nozzles. G-70-107 Certification of Rainbow Petroleum Products Model RA3003, RA3 005, RA3006 and RA3007 Vapor Recovery Nozzles and Vapor R ecovery Comoonents. G-70-110 Certification of Stage I and II Vapor Recovery Systems for Methano l Fueling Facilities. G-70-118-AB Certificat ion ofAmoco V-1 Vaoor Recovery_Svstem. G

-70

- 125-AA Modification ofthe Certifica tion ofthe Husky Mode l V Phase II Balance Vapor Recoverv Nozzle. G-70- 1 27 Certific ation ofthe OPW Model111-V Phase Vaoor Recoverv N ozzle. G-70-134 Certification of the EZ Flo Rebuilt A

-4000 Series and 1 1 V -S eri es Vapor Recoverv Svstem. G-70-139 Addition to the Certifi cation of the Hirt Model VCS-200 Phase II Vapor Recoverv Svstem. G -70-150-AE Modification of the Cert ification of the Gilbarco Vapo r Vac Phase II Vapor Recoverv Svstem. G-70-153

-AD Modification to the Certification of the Dresser/Wayne WayneVac Phase II Vaoor Recoverv Svstem. G

-70-154-AA Modification to the Certification of the Tokheim MaxVac Phase II Vapor Recoverv Svstern
. G-70-159-AB Modifiaction ofthe Certification of the Saber Nozzle for Use with the Gil barco VaoorVac Phase II Vaoor Recoverv Svstem . G-70-163-AA Certification ofthe OPW VaoorEZ Phase II Vaoor Recoverv Svstem. G-70-164-AA Modification to the Certification of the Hasstech VCP-3A Vacuum Assist Phase II Vaoor Recoverv Svstem. G-70

- 165 Healv Vacuum Assist Phase II Vaoor Recoverv Svstem. G-70- 1 69-AA Modification to the Certification of the Franklin Electric INTELLIVAC Phase II Vaoor RecoverrSvstem. G-70-170 Certification of the EZ-flo Rebuilt 5005 and 50 1 5 for use with the Balance Phase II Vaoor Recoverv Svstem. G-70-177 

### ::AA. Certification of the VCS400-7 Vacuum Assist Phase II Vapor Recovery Svstem. G-70

- 179 Certification of the Catlow ICVN-V1 Vacuum Assist Phase II Vapor Recovery Svstem. G-70-180 Order Revoking Certification of the Healy Phase Il ·Vapor Recovery Systems for Gasoline DisoensinQ Svstems. 

### 23G-70-183=.AA Certification of the Healy/Franklin Vacuum Assist Phase TI Vapor Recovery 

# I Svstem. G-70-186 Certification ofthe Healv Model400 ORVR Vaoor Recovery Svstem.

· G-70-188 Certification of the Catlow ICVN Vapor Recovery Nozzle System for use with the Gilbarco VaoorVac Vaoor Recovery Svstem. G-70

- 191 Healy/Franklin VP-1000 Vapor Pump Phase TI Vapor Recovery System(Healy AA ORVR Phase TI Vaoor Recoverv Svstem). G-10-1 26 Certification of the Saber Technologies, I .I C SaherVac VR Phase U Vapor n . c .. .-.+a ...... G-10- 1 22-A I Certification ofthe Gasoline Dispensing Nozzles to the I.iqnid Retention of350 milli leters ner 1 000 G:lllons Dis' -I VR

- 201-A Healy System Inc Phase 

### n Enhanced Vapor Recovery (EVR) System Not**Tn~ ln** **rlino T~D**  EVR-202-A Healy Phase II Enh anced Vapor Recovery System Including Veeder

- Root ISD c. G-10-204

- A Certification of the Gi lharco VaporVac/OPW Vaporsaver ORVR-Compatihle Svstem 

# ul Depanmtut**~dopttd C~BB**  

### Stage II**S~stem** 

### Execntb:e Otdets fot**~bol:t** 

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## V~n.or Recovery System
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# I G-70-157 I G-70-158-A I G-70-160



### -

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# I G-10-1 61

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## R~c_overySY§U;m r G-10 -1 62-A



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### The provisions and requirements of 310 CMR 7.24 (6)(a) and (b) 

### are subject to the enforcement provisions specified in 310 CMR 7.52.

25

### Attachment II Guidance Table: Comp liance Testing For Minor Modification of Stage II Systems For Discussion Purposes Only

### Guidance: Under 310 CMR 7.24(6) Dispensing of Motor Vehicle Fuel
GUIDANCE TABLE: Compliance Testing For Minor Modification of Stage II Systems MODIFICATION/REPAIR TESTING REQUIRED MINOR MODIFICATIONS For minor Stage II system modifica tions and repairs, the following compliance tests, as applicable, are required to be performed and passed prior to commencing operation and a record of such modification and applicable test result s maintained on-site. Submittal of a compliance C · ertificat ion to the Department is not required. 1. Replace dispenser mounted vapor pump (vacuum motor). Air

-to-Liquid Ratio Test (AIL) for that vapor pump and app licable nozzles. 2. Replace "screw-on" spill or dry break bucket Pressure decay 3
. Isolate diesel tank or other fuel storage tank not in use from Stage II Pressure decay system 4
. Replace/repair <50% of total dispensers (e.g., 1 of 4 dispensers) Pressure decay, dynamic back pressure/liquid blockage, (Air

-to
-Liquid Ratio for vacuum assist systems) 5. Replace/repair <50% of dispenser piping Pressure decay, dynamic back pressure/liquid b lockage 6. Replace/repair Healy central vacuum unit for Healy 400 ORVR nozzle Healy vapor return line test, Healy Fillneck Pressure system or Healy 600 nozzle System (Healy 400 ORVR), Air-to-Liquid Ratio (Healy 600) 7. Replace/repair ball float extractor valve hou sing Pre ssure decay 

### FACILITIES CURRENTLY EXEMPT FROM STAGE II REQUIREMENTS For gasoline dispensing facilities currently exempt from Stage II installation requirements (i.e., the facility was installed prior to 1111/ 1 989 and since 111111989 has not been su b stantially modified or dispensed more than 10,000 gallons of gasoline in any one month) any modification or rep air of the gasoline dispensing system identified below · or the dispensing ofmore than 10,0 00 gallons of gasoline in any one month will trigger the requirement to (a) install a Stage II system, (b) perform and pass all applicable tests and (c) submit a fully completed Form A to DEP, prior to commencing system operation. 1. Excavate below shear valve or tank pad to repair, replace or install vent piping and/or two-point or coaxial Stage I systems. '**~** 2. In s tall, repair or re place 

### tank and/or fueldistlj_bution system.


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